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⚠️ 23andMe just sent out an email trying to trick customers into accepting a TOS change that will prevent you from suing them after they literally lost your genome ro thieves.
Do what it says in the email and email arbitrationoptout@23andme.com that you do not agree with the new terms of service and opt out of arbitration.
If you have an account with them, do this right now.
Here’s an email template for what to write: https://www.patreon.com/posts/94164861
23andMe just sent out an email trying to trick customers into accepting a TOS change that will prevent you from suing them after they literally lost your genome ro thieves.
Do what it says in the email and email arbitrationoptout@23andme.com that you do not agree with the new terms of service and opt out of arbitration.
If you have an account with them, do this right now.
I don’t see how an email that has no proof of delivery (could have ended in spam for example) would be legally binding.
Accepting a ToS update simply by virtue of no action is also questionable unless provisions permitting that were in the ToS you’ve accepted and even then it would not work in the European Union, because that’s listed in the forbidden clauses registry.
Why would you need proof of delivery? The original email gives instructions. You follow those instructions and can prove you did so with date and timestamps. I don’t see the issue.
Legally you have to be able to prove someone received a thing. It’s why you get served when you’re sued. An agent physically hands you the complaint (or whatever they’re called). If the papers were put in the mail the person being sued could say they never received them.
Accepting a ToS update simply by virtue of no action is also questionable
Even it being “questionable” is a fucking outrage – it should be so blatantly, obviously, disallowed that a lawyer should lose their license just for proposing it!
My ISP, phone company, bank, insurance company and everyone else send me TOS related messages from time to time. Usually, the message is something along the lines of: “We’re altering the deal. Pray we don’t alter it any further”
It doesn’t seem fair to me, but since everyone is doing it, there probably isn’t a law against it.
Every time an ISP does that around here they send you a notification via certified mail with a prepaid return envelope and a service cancellation form included - you can decide to not continue using the service without any early cancellations fees etc.
If they fail to do that they get fined by consumer protection agency, are required to return any fees they charged based on the change and they get to start over - send a notification that follows the rules resetting the clock for those who opt to cancel
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I don’t see how an email that has no proof of delivery (could have ended in spam for example) would be legally binding.
Accepting a ToS update simply by virtue of no action is also questionable unless provisions permitting that were in the ToS you’ve accepted and even then it would not work in the European Union, because that’s listed in the forbidden clauses registry.
Why would you need proof of delivery? The original email gives instructions. You follow those instructions and can prove you did so with date and timestamps. I don’t see the issue.
https://en.m.wikipedia.org/wiki/Non-repudiation
Legally you have to be able to prove someone received a thing. It’s why you get served when you’re sued. An agent physically hands you the complaint (or whatever they’re called). If the papers were put in the mail the person being sued could say they never received them.
Can’t you trace an email and prove it was delivered? Even mail you sign for only proves you received it, not that you opened it.
No. You can confirm the server received it. That’s different from a user opening it and reading it
You can’t prove that person ever saw that email.
Even it being “questionable” is a fucking outrage – it should be so blatantly, obviously, disallowed that a lawyer should lose their license just for proposing it!
The entire concept is a goddamn farce.
My ISP, phone company, bank, insurance company and everyone else send me TOS related messages from time to time. Usually, the message is something along the lines of: “We’re altering the deal. Pray we don’t alter it any further”
It doesn’t seem fair to me, but since everyone is doing it, there probably isn’t a law against it.
Every time an ISP does that around here they send you a notification via certified mail with a prepaid return envelope and a service cancellation form included - you can decide to not continue using the service without any early cancellations fees etc.
If they fail to do that they get fined by consumer protection agency, are required to return any fees they charged based on the change and they get to start over - send a notification that follows the rules resetting the clock for those who opt to cancel
You’d think that, but you know those “don’t remove or warranty is void” stickers on stuff? They’re illegal.
Not illegal, just not legally binding.